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MUTANGA v MUTANGA 2013 (2) ZLR 103 (H)

2013 (2) ZLR p103

Citation

2013 (2) ZLR 103 (H)

Case No

Judgment No. HH-247-13

Court

High Court, Harare

Judge

Dube J

Heard

18 July 2013; CAV

Judgment

24 July 2013

Counsel

V Makuku, for the applicant
Mrs B Mtetwa, for the respondent

Case Type

Chamber application

Annotations

No case annotations to date

Flynote

Practice and procedure – parties – "dirty hands" – principle of – spoliation proceedings – self help – party taking law into own hands – possessor in unlawful possession of vehicle – other party may not seize possession of the vehicle otherwise than in accordance with due process of the law – party may not plead in aid "dirty hands" principle in such circumstances

Property and real rights – possession – elements – direct and indirect possession – distinction – agent holding property for limited purpose – not a possessor

Property and real rights – spoliation order – requirements – who is entitled to – agent of possessor – not entitled to remedy on his own behalf – indirect possessor entitled to remedy – defences – possessor's possession illegal – not a defence – gives no right to spoliator to take possession

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